G.R. No. 115690 - PEOPLE OF THE PHILIPPINES, VS. REY SALISON, JR.,* TIRSO ANDIENTE, RUFINO DIGNARAN AND LEONILO FEDILES, ACCUSED, REY SALISON, JR., ACCUSED-.

Ruling

WHEREFORE, finding the accused Rey Salison guilty beyond reasonable doubt of the crime of MURDER punishable under Article 248 of the Revised Penal Code, with no modifying circumstance present, the Court has no other alternative but to impose the proper penalty of "reclusion perpetua," the same being the medium period within the range of the penalty imposable and to pay the cost(s); to indemnify the offended party (in) the amount P50,000.00 as compensatory damages and P7,270.70 as actual damages. [3] (Corrections in parentheses ours.) In the present appeal, herein appellant contends that the trial court erred (1) in finding that there was proof beyond reasonable doubt that the accused conspired with his co-accused in killing the victim, (2) in not holding that accused is only responsible for the injuries that he actually inflicted on the victim, and (3) in admitting in evidence the alleged "dying declaration" of the victim, as well as the "agreement" between the parents of the accused and the victim. [4] During the trial, the prosecution presented seven witnesses, a picture of the pieces of wood [5] used by the accused in killing the victim, receipts of expenses incurred in the hospital for the treatment of said victim, [6] a written declaration of the victim after the incident, [7] and a written agreement between the parents of appellant and the victim. [8] The evidence of record reveals that at around 8:00 oclock in the evening of November 30, 1990, witness Maria Magdalena Ayola saw appellant Salison approach the victim, Rolando Valmoria, who was then watching television in a store at Cory Village, Agdao, Davao City. Salison placed his arm around Valmorias shoulder and brought him behind a neighbors house where there was a mango tree. There, appellant Salison boxed Valmoria in the abdomen. [9] During the fistfight between Salison and Valmoria, the three other accused Andiente, Dignaran and Fediles suddenly appeared and joined the fight and simultaneously attacked Valmoria. It was then when witness Emilia Fernandez approached them that the three co-accused disappeared, leaving Salison and Valmoria behind. Fernandez was able to separate Salison from Valmoria. However, the three co-accused returned and started to maul Valmoria again, with Salison rejoining the three in assaulting the victim. [10] When Valmoria fought back, accused Salison, Fediles and Andiente picked up pieces of wood and started to hit Valmoria at the back on his nape, and on the rear part of his head, Valmoria fell to the ground and, upon finding a chance to do so, he stood up and ran towards his house which was a few meters away. The assailants followed Valmoria but failed to further hit the victim because Valmoria was able to hide inside his house. All of the accused shouted for Valmoria to come out but the latter refused, causing his four assailants to hit the walls and windows of the Valmoria residence. During this time, the victim remained seated inside the house. Shortly